IV 

114TH CONGRESS 

1ST SESSION H. RES. 381 

To refer H.R. 3133, a bill making congressional reference to the United 

States Court of Federal Claims pursuant to sections 1492 and 2509 

of title 28, United States Code, of certain Indian land-related takings 

claims of the Grand Traverse Band of Ottawa and Chippewa Indians 

of Michigan and its individual members. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2015 

Mr. BENISHEK submitted the following resolution; which was referred to the 

Committee on the Judiciary 

RESOLUTION 

To refer H.R. 3133, a bill making congressional reference 

to the United States Court of Federal Claims pursuant 

to sections 1492 and 2509 of title 28, United States 

Code, of certain Indian land-related takings claims of 

the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan and its individual members. 

1 Resolved, 

2 REFERRAL

3 SECTION 1. Pursuant to section 1492 of title 28, 

4 United States Code, the bill (H.R. 3133) entitled ‘‘A Bill 

5 relating to certain Indian land-related takings claims of 

6 the Grand Traverse Band of Ottawa and Chippewa IndiVerDate Sep 11 2014 23:37 Jul 27, 2015 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HR381.IH HR381

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•HRES 381 IH 

1 ans of Michigan and its individual members,’’ now pending 

2 in the House of Representatives, is referred to the chief 

3 judge of the United States Court of Federal Claims for 

4 a determination as to whether the Band, on behalf of itself 

5 and of its individual members, has legal or equitable 

6 claims for just compensation against the United States for 

7 land-related takings occurring during the period between 

8 1855 and 1900 within the areas reserved for the Band 

9 and its members by Article 1 of the July 31, 1855, Treaty 

10 with the Ottawa and Chippewa, 11 Stat. 621. 

11 PROCEEDING AND REPORT

12 SEC. 2. Upon receipt of the bill, the chief judge shall, 

13 notwithstanding the bar of any statute of limitations— 

14 (1) proceed according to the provisions of sec15 tions 1492 and 2509 of title 28, United States Code; 

16 and 

17 (2) report back to the House of Representa18 tives, at the earliest practicable date, providing find19 ings of fact and conclusions of law that are suffi20 cient to inform the Congress of— 

21 (A) the nature, extent, and character of 

22 the legal or equitable claims of the Grand Tra23 verse Band of Ottawa and Chippewa Indians of 

24 Michigan, on behalf of itself and of its indi25 vidual members, for just compensation against 

26 the United States for land-related takings withVerDate Sep 11 2014 23:37 Jul 27, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HR381.IH HR381

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•HRES 381 IH 

1 in the areas reserved for the Band and its 

2 members by Article 1 of the July 31, 1855, 

3 Treaty with the Ottawa and Chippewa, 11 Stat. 

4 621; 

5 (B) whether the Band has good cause for 

6 not having filed said claims with the Indian 

7 Claims Commission within the August 13, 

8 1946, to August 13, 1951, limitations period 

9 established by the Indian Claims Commission 

10 Act of 1946, and accordingly has good cause to 

11 be excused from that limitations period; 

12 (C) whether any other statute of limita13 tions bar is applicable to the Band’s claims; and 

14 if so, whether the Band has good cause to be 

15 excused from the operation of any such bar; 

16 (D) whether the doctrine of laches is appli17 cable to the Band’s claims; and if so, whether 

18 the Band has good cause to be excused from 

19 the operation of that doctrine; and 

20 (E) the amount of just compensation, if 

21 any, legally or equitably due from the United 

22 States to the Band, on behalf of itself and of 

23 its individual members. 

Æ 


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